UDAY NARAYAN PANDA Vs. STATE

JUDGEMENT

(1.) THE petitioner has been convicted under Section 406, I. P. C. and has been sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 5,000/ - in default to undergo rigorous imprisonment for another four months by the S.D. J. M. Karanjia which has been confirmed in appeal.

(2.) THE prosecution case in brief is thus. The petitioner admittedly worked as the Secretary of the Karanjia Co -operative Circle Government Employees Co -operative Society from 14.9.1974 to 25.9.1974, i. e. for ten days. He made over charge to his successor one Sri A. R. Mohapatra (P. W. 4) on 25.9.1974 by virtue of a resolution of the Board of Directors dated 23.9.1974 as it was found that the petitioner was a member of two of the Societies which is against rule. It was alleged by the prosecution that the petitioner made over charge of his office to P. W. 4 excepting cash in hand amounting to Rs. 1,814.15 p. Being asked to make over the cash to P. W. 4 the petitioner stated that he had done so to the President (P. W. 5) the informant. The petitioner repeated this before P. W. 5 but that not being a fact, P. W. 5 lodged information (Ext. 12) at Karanjia P. S.about the misappropriation of the amount by the petitioner on 26.9.1974. Consequently P. W. 7 the Officer -in -Charge of Karanjia P. S.registered a case under Section 406, I. P. C. and finally charge -sheeted the petitioner resulting in his conviction as aforesaid.

(3.) THE prosecution examined 7 witnesses and the defence one. P. W. 1 is the Vice -President of the Society, P.W. 2 is the witness to the seizure of the documents, P. W. 3 is a Member -Director of the Society, P. W. 4 is the successor of the accused, P. W. 5 is the President of the Society, P. W. 6 is the Secretary at the time of trial and P. W. 7 is the Investigating Officer. D. W. 1 is a temporary peon of the Society.